Four parts and the original commencement
Made and gazetted on 30 March 2017 and effective 31 March, the instrument has eleven regulations in four parts: preliminary matters, controllers, nominee directors and foreign-company members. Identity card follows the National Registration Act. Controller meanings and registrability in the notice forms refer to Companies Act 386AB and 386AC; this regulation does not reproduce their full ownership tests. Its schedules provide operational detail, not a current consolidated account of every later register reform.
Controller particulars for individuals and corporations
For individual controllers, record full name, applicable aliases, residential address, nationality, identity-card or passport number, birth date and the dates control began and ended where applicable. Corporate records require name, applicable UEN, registered-office address, legal form, formation jurisdiction and statute, applicable foreign corporate-register name and number, and beginning and applicable cessation dates. These eight individual and nine corporate items apply to a company or foreign company’s controllers. A corporate controller’s formation statute is not interchangeable with the controlled company’s governing law.
One entry, two places and confirmation routes
The First Schedule specifies one entry per controller with entry date and name, then the appropriate individual or corporate part. Keep the register at the company or foreign company’s registered office, or an appointed registered filing agent’s registered office. Initial confirmation is through a 386AG notice response from the controller or its agent, or 386AJ self-notification, with particulars supplied. Updates are confirmed through 386AH change replies,386AI corrections or 386AK self-notification. Silence is not affirmative confirmation. These are the original local-record rules, not instructions to treat every entry as automatically lodged in a later central register.
The two register-entry clocks
Confirmed particulars must be entered or updated within two business days after confirmation. Where no confirmation arrives, enter or update with an unconfirmed note within two business days after thirty days from sending the relevant 386AG,386AH or 386AI notice. Waiting for confirmation therefore does not indefinitely suspend the entry duty. The subsequent business-day period should not be counted from the original notice date without the preceding thirty days.
All other notice and self-report periods
Investigation notices issue within two business days after first knowledge or reasonable grounds that the relevant person exists; response is due thirty days after sending. Change notices issue within two business days after first knowledge or reasonable grounds of a relevant change, with thirty-day replies. Incorrect-particular notices use two business days from first knowledge or reasonable grounds of error, also with thirty-day replies. A person self-reports registrability within thirty days after knowing or reasonably being expected to know; changes are self-reported within thirty days after the analogous knowledge trigger. These eight rows complete the Second Schedule’s ten rules. They do not supply nominee-director notification periods, which are a separate Act duty.
Two investigation templates and their signatories
The Third Schedule asks the suspected controller whether it is registrable, requests all applicable individual or corporate fields and asks about others who control or may know controllers, using best-known particulars for others. The Fourth addresses a knowledgeable person and asks about those other persons; if the recipient itself is registrable it reminds it to notify under 386AJ. Both carry sent date, reply address, thirty-day period and offence warning. The forms are signed by a director, secretary or authorised representative for the company or foreign company. Asking about oneself and asking about another’s identity are not the same notice purpose.
Change confirmation is separate from correction
The Fifth Schedule first asks whether the person remains registrable, and requests cessation date if not. It reproduces existing particulars, asks whether a relevant change occurred and requests change date and details. The Sixth reproduces the particulars and asks whether they are correct, requesting correct details if not. Both use the company’s reply address, thirty-day response period, offence warning and officer sign-off. An error in an original entry is not automatically a later change, and a cessation response should not be recorded merely as a new address.
Nominator particulars and nominee-relationship dates
Part 3 prescribes information about the person for whom a director acts as nominee. An individual nominator requires full name, applicable aliases, residential address, nationality, identity-card or passport number, birth date and date the nominee relationship began. A legal-entity nominator requires name, applicable UEN, registered office, legal form, formation jurisdiction and statute, applicable foreign corporate register name and number and relationship start date. These seven or eight regulation 9 items concern the nominator, not the director’s own identity and not necessarily a registrable controller. The Seventh Schedule additionally records cessation of the nominee relationship.
Nominee register structure and location
The Seventh Schedule uses one entry per nominee director, with entry date and director name, then individual or corporate nominator details and both start and cessation dates. Complete Part 1 where the nominator is individual and Part 2 for a legal entity. Regulation 10 permits keeping this company register at its registered office or that of an appointed filing agent. Unlike the controller provisions, this part’s place rule expressly refers to a company; it should not be broadened to every foreign company without statutory support. The entry date, director appointment date and nominator relationship date need not be identical.
Foreign-company member-register adaptation
Part 4 applies Companies Act 192(2) and(3) to a foreign company’s member register with references to public company, company and member adapted to the foreign company and its members. The failure-to-send-copy rule in 192(4) also applies, with its subsection 3 reference adapted to this regulation’s application. This concerns the foreign company’s member register, not public access to its controller register or nominee register. The instrument incorporates those Act provisions by reference rather than reproducing all access prices, deadlines or penalty wording.
Official source
This article independently explains the substantive contents of the official PDF, including the relevant conditions, procedures and annexes. The linked document remains the authoritative source for its original wording, and later changes should be checked separately.
Read the official PDF ↗